Florida Statutes 1983, Volume 3 - Florida State University College of ...

Ch.642 LEGAL EXPENSE INSURANCE F.S.1983
(5) Demonstrated lack of fitness or trustworthiness
to engage in the business of legal expense insurance.
(6) Demonstrated lack of adequate knowledge
and technical competence to engage in the transactions
authorized by the registration.
(7) Fraudulent or dishonest practices in the conduct
of business under the registration.
(8) Misappropriation, conversion, or unlawful
withholding of moneys belonging to an insurer or
other person and received in the conduct of business
under the registration.
(9) Rebating, or attempting to rebate, or unlawfully
dividing, or offering to divide, his commission
with another.
(10) Willful failure to comply with, or willful violation
of, any proper order or rule of the department
or willful violation of any provision of ss.
642.011-642.049.
(11) Being found guilty of, or pleading guilty or
nolo contendere to, a felony which involves moral
turpitude, without regard to whether a judgment of
conviction has been entered.
History.-B. 1. ch. 79-103; B. 2, ch. 81-318; 88. 16, 20, 21, ch. 83-278.
'Note.-Expires October 1, 1993, pursuant to B. 21, ch. 83-278, and is scheduled
for review pursuant to B. 11.61 in advance of tbat date.
1642.043 Grounds for discretionary refusal,
suspension, or revocation of registration of
sales representatives.-The department may, in
its discretion, deny, suspend, revoke, or refuse to renew
or continue the registration of any sales representative
if it finds that, as to the representative, any
one or more of the following applicable grounds exist
under circumstances for which such denial, suspension,
revocation, or refusal is not mandatory under s.
642.041:
(1) Any cause for which granting of the registration
could have been refused had it been known to
the department at the time of application.
(2) Violation of any provision of ss.
642.011-642.049, or of any other law applicable to the
business of legal expense insurance in the course of
dealings under the registration.
(3) Violation of any lawful order or rule of the department.
(4) Failure or refusal to pay over, upon demand,
to any insurer he represents, or has represented, any
money which belongs to the insurer.
(5) In the conduct of business under the registration,
having engaged in unfair methods of competition
or in unfair or deceptive acts or practices, as
such methods, acts, or practices are defined under
part VIII of chapter 626, or having otherwise shown
himself to be a source of injury or loss to the public or
detrimental to the public interest.
(6) Having been found guilty of, or having pled
guilty or nolo contendere to, a felony, whether or not
a judgment of conviction has been entered.
History.-B. 1, ch. 79-103; B. 2, ch. 81-318; BB. 17,20,21, ch. 83-278.
'Note.-Expires October 1, 1993, pursuant to s. 21, ch. 83-278, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
1642.045 Procedure for refusal, suspension,
or revocation of registration of sales representative;
departmental action upon violation by licensed
insurance agent or solicitor.-
778
(1) If any sales representative is convicted by a
court of a violation of any provision of ss.
642.011-642.049, the registration of such individual
shall thereby be deemed to be immediately revoked
without any further procedure relative thereto by the
department.
(2) Whenever it appears that any licensed insurance
agent or solicitor has violated the provisions of
ss. 642.011-642.049, or if any grounds listed in s.
642.041 or s. 642.043 exist as to such agent or solicitor,
the department may take such action as is authorized
by the insurance code for a violation of the insurance
code by such agent or solicitor, or such action
as is authorized by this chapter for a violation of this
chapter by a sales representative.
History.-s. 1, ch. 79-103; s. 2, ch. 81-318; 88. 18, 20, 21, ch. 83-278.
'Note.-Expires October 1, 1993, pursuant to 8. 21, ch. 83-278, and is scheduled
for review pursuant to s. 11.61 in advance of that date.
1642.047 Administrative fine in lieu of suspension
or revocation of registration.-
(1) If, pursuant to procedures provided for in ss.
642.011-642.049, it is found that one or more grounds
exist for the suspension or revocation of, or refusal to
renew or continue, any registration issued under ss.
642.011-642.049, and except when such suspension,
revocation, or refusal is mandatory, an order may be
entered imposing upon the registrant, in lieu of such
suspension, revocation, or refusal, an administrative
penalty for each violation in the amount of $100 or,
in the event of willful misconduct or willful violation
on the part of the registrant, an administrative fine
of $500. The administrative penalty may be augmented
in amount by an amount equal to any commissions
received by or accruing to the credit of the
registrant in connection with any transaction to
which the grounds for suspension, revocation, or refusal
related.
(2) The order may allow the registrant a reasonable
period not to exceed 30 days, within which to
pay to the department the amount of the penalty so
imposed. If the registrant fails to pay the penalty in
its entirety to the department at its office in Tallahassee
within the period so allowed, the registration
of the registrant shall stand suspended or revoked, or
renewal or continuation may be refused, as the case
may be, upon expiration of such period and without
any further proceedings.
History.-B. 1, ch. 79-103; s. 2, ch. 81-318; BB. 20, 21, ch. 83-278.
'Note.-Repealed effective October 1, 1993, by B. 21, ch. 83-278, and scheduled
for review purBuant to B. 11.61 in advance of that date.
1642.0475 Civil remedy.-
(1) Any person damaged by a violation of the provisions
of this chapter may bring a civil action against
a person violating such provisions in the circuit court
of the county in which the alleged violator resides, or
has his principal place of business, or in the county
wherein the alleged violation occurred. Upon adverse
adjudication, the defendant shall be liable for actual
damages or $500, whichever is greater, together with
court costs and reasonable attorney's fees incurred by
the plaintiff.
(2) No punitive damages may be awarded under
this section unless the acts giving rise to the violation
occur with such frequency as to indicate a general
business practice and these acts are: